Deciding whether to stop or limit a child’s contact with the other parent is never straightforward. However, when safeguarding concerns arise, a child’s safety must always come first. Understanding when it is appropriate to take this step, and how to do so lawfully, is essential.
Serious Safeguarding Concerns
Any decision to stop or restrict contact must be based on serious safeguarding concerns. These concerns need to be sufficiently significant to justify interfering with your child’s relationship with the other parent. If you act without justification, you may be criticised by the Family Court later down the line.
Following Professional Advice
If Children’s Services or Cafcass (the court’s social workers) have provided you with clear written advice recommending that contact should stop or be limited, it is crucial that you follow that advice. If you ignore professional safeguarding guidance, you could be viewed as failing to protect your child.
Where a Court Order Is in Place
If there is already a court order for contact, unilaterally stopping contact may place you in breach of that order.
You have a defence of ‘reasonable excuse’ to rely on to justify non‑compliance with the contact order. However, ultimately it is a Judge who decides whether you did have justification to vary the court order.
You may also need to apply to the court promptly to vary the existing order.
You should seek urgent legal advice in these circumstances.
When No Contact Order Exists
If there is no court order in place, you must assess the level of risk posed to your child and whether continued contact with the other parent exposes them to harm. In some cases, alternative forms of contact may be possible to maintain the parent‑child relationship safely while safeguarding concerns are resolved.
Get Legal Advice Early
Stopping or limiting contact often leads to court proceedings, where you may need to justify your decisions. Taking early legal advice can help ensure you act in your child’s best interests while protecting your legal position.
For expert legal advice, contact us at office@citmchambers.co.uk or call us on 0117 214 1797.